市场监管总局重磅发布!事关平台经济→
证券时报·2025-11-15 00:58

Core Viewpoint - The article discusses the draft of the "Antitrust Compliance Guidelines for Internet Platforms" aimed at helping platform operators identify, assess, and prevent antitrust compliance risks, thereby promoting fair competition and healthy development of the platform economy [1][2]. Summary by Sections Introduction - The rapid development of the platform economy in China has significantly improved resource allocation efficiency and driven technological innovation [1]. - The guidelines aim to provide clear compliance directions for platform operators to stabilize market expectations and boost development confidence [2]. Characteristics of the Guidelines - The guidelines are problem-oriented and respond to societal expectations by setting clear behavioral directives for platform operators [3]. - They are non-mandatory and serve as general guidance to reduce uncertainty costs for platform operators [3]. - The guidelines emphasize targeted and effective antitrust compliance management, detailing new types of monopolistic risks in eight scenarios [3]. Principles for Antitrust Compliance Management - The guidelines outline four key principles for platform operators: 1. Targeted principle: Identify and assess compliance risks based on industry and business model [4]. 2. Comprehensive principle: Ensure full coverage across all business areas and employees [4]. 3. Penetrative principle: Integrate compliance management across headquarters and subsidiaries [4]. 4. Continuous principle: Establish long-term mechanisms for effective compliance management [4]. Identifying Monopolistic Agreement Risks - The guidelines provide a framework for identifying risks associated with monopolistic agreements, emphasizing the need for clarity in analyzing behaviors under antitrust laws [5]. - Specific behaviors that may constitute monopolistic agreements are detailed, guiding operators to prevent such risks [5]. Identifying Abuse of Market Dominance Risks - Operators with significant market power must regularly assess their market position to avoid engaging in abusive practices [6]. - The guidelines specify factors to consider when determining market dominance, including market share and competitive conditions [6][30]. Risk Examples - Eight specific risk examples are provided, including algorithm collusion, unfair pricing, and discriminatory treatment, which serve as clear warnings for platform operators [9][47]. Risk Management Framework - The guidelines encourage a comprehensive risk management system encompassing risk assessment, reminders, prevention, and compliance rectification [10]. - Operators are advised to conduct thorough reviews of platform rules and algorithms to mitigate compliance risks [11]. Importance of Compliance - Strengthening antitrust compliance is crucial for optimizing the competitive ecosystem, concentrating innovation efforts, and gaining market favor [13]. - Compliance is increasingly viewed as a key factor for gaining recognition and trust from consumers, employees, and investors [13].